R v Elizabeth Garner
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1848 |
| Date | 01 January 1848 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 267
Crown Cases
S C 2 Car & Kir. 920, T. & M 7, 3 New Sess Cas 329, 18 L J M C 1, 12 L T O S. 155, 12 J. P 758, 12 Jur 944, 3 Cox C C 175. Referred to. R v. Baldry. 1852, 5 Cox C C 523, R v Moore, 1852, post, vl n p 522, R v Widdop, 1872, 21 W R 176
[329] SUMMER ASSIZES, 1848 regixa v. elizabeth garxer (Confession made by a girl aged 13, after being told by a medical man in the presenet ot prisoner's mistress and her husband, that it would be better for her to speaL the truth. Held, 1 Inadmissible. 2 That although the confession was rightly admitted by the Judge in the first instance and taken down by him as evidence, it should be struck out of his notes after proof by the prisoner that it had been made under the above inducement 3 Pet Erie J It is a question for the Judge in every case, whether the alleged words of inducement were actually ; uch as to induce the prisoner to make a confession of guilt, whether true or not ) [S C -2 Car & Kir. 920 , T. & M 7 , 3 New Se^s Cas 329 , 18 L J M C 1 , J2 L T 0 S. 155, 12 J. P 758, 12 Jur 944, 3 Cox C C 175. Referred to, R v. BalJry, 1852, 5 Cox C C 523, R v Moo e, 1852, post, vol 11 p 522, R v Widdop, 1872, 21 W R 176 j The prisoner, a girl of the age of thirteen, was tried before Mr Justice Patteson, at the Lincoln Summer Assizes, A D 1848, for administering poison to her mistiess, Mary Smith, with intent to murder her It was proved that the prisoner had given her mistress, who was bedridden, same milk, in which a quantity of fag water had been mixed Fag water is a mixture of arsenic, soft soap, and water, used for dressing sheep. But in order to prove that the prisoner had put the fag water into the milk; that she knew the nature of it, and intended to murder her mistress, her own confession to Mr Gdby, a medical man who attended her, made in the presence of prisoner's mistress and her husrand, was ottered in evidence Mr Gdby, on being questioned, swore that he did not tell the prisoner that it would be better or worse for her to tell , that he used no threats or promises, nor did any otic else , and it appeared before Mr Gdby s arrival that the prisoner had not made any confession, nor had any threats or promise^ been held out to her The learned Judge admitted Mr Gilby's statement, which was as follows - " I asked her if she had given the woman am thing m her milk ; she said she had mixed fag water with the milk , she had put in half a...
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